Text of the Reducing Regulatory Burdens Act of 2011

This bill was introduced in a previous session of Congress and was passed by the House on March 31, 2011 but was never passed by the Senate. The text of the bill below is as of Jun 21, 2011 (Reported by Senate Committee).

Received; read twice and referred to the
Committee on Agriculture, Nutrition, and
Forestry

June 21 (legislative
day, June 16), 2011

Reported by Ms.
Stabenow, without amendment

AN ACT

To amend the Federal Insecticide,
Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to
clarify Congressional intent regarding the regulation of the use of pesticides
in or near navigable waters, and for other purposes.

1.

Short title

This Act may be cited as the
Reducing Regulatory Burdens Act of
2011.

2.

Use of authorized
pesticides

Section 3(f) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is
amended by adding at the end the following:

(5)

Use of
authorized pesticides

Except
as provided in section 402(s) of the Federal Water Pollution Control Act, the
Administrator or a State may not require a permit under such Act for a
discharge from a point source into navigable waters of a pesticide authorized
for sale, distribution, or use under this Act, or the residue of such a
pesticide, resulting from the application of such
pesticide.

.

3.

Discharges of
pesticides

Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by
adding at the end the following:

(s)

Discharges of
pesticides

(1)

No permit
requirement

Except as
provided in paragraph (2), a permit shall not be required by the Administrator
or a State under this Act for a discharge from a point source into navigable
waters of a pesticide authorized for sale, distribution, or use under the
Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a
pesticide, resulting from the application of such pesticide.

(2)

Exceptions

Paragraph
(1) shall not apply to the following discharges of a pesticide or pesticide
residue:

(A)

A discharge resulting from the application
of a pesticide in violation of a provision of the Federal Insecticide,
Fungicide, and Rodenticide Act that is relevant to protecting water quality,
if—

(i)

the discharge would not have occurred but
for the violation; or

(ii)

the amount of pesticide or pesticide
residue in the discharge is greater than would have occurred without the
violation.

(B)

Stormwater discharges subject to regulation
under subsection (p).

(C)

The following discharges subject to
regulation under this section:

(i)

Manufacturing or
industrial effluent.

(ii)

Treatment works
effluent.

(iii)

Discharges
incidental to the normal operation of a vessel, including a discharge resulting
from ballasting operations or vessel biofouling
prevention.